Ranking Member Scott Condemns Rescission of Affirmative Action Guidance

Ranking Member Scott Condemns Rescission of Affirmative Action Guidance

WASHINGTON - Today, Ranking Member Robert C. "Bobby" Scott (VA-03) issued the following statement after the U.S. Equal Employment Opportunity Commission (EEOC) rescinded the 1979 rule that establishes affirmative action guidelines for employers.

"The Equal Employment Opportunity Commission's (EEOC) decision to rescind its long-standing guidelines on affirmative action in the workplace is another step in the Trump Administration's campaign to dismantle civil rights and equal opportunity for workers. For nearly 50 years, the rule has established clear guidelines for employers on when and how to implement strategies to address race and gender imbalances and protect Americans from workplace discrimination.

"Even without this guidance, employers are still required to follow Title VII of the Civil Rights Act of 1964. Although the Supreme Court has limited the use of race in the admissions process to increase diversity in higher education, its earlier decisions, United Steelworkers v. Weber (1979) and Johnson v. Transportation Agency (1987), that guide the use of affirmative action in the private sector have not been overturned and remain the law of the land. As Ranking Member of the House Committee on Education and Workforce, I am committed to fighting back against the Trump Administration's attacks on workers and to ensuring that all Americans are given an equal chance to get ahead."

Background: Following Donald Trump's unprecedented firing of two of the three Democratic Commissioners on the five-seat Equal Employment Opportunity Commission and the elevation of Andrea Lucas as Chair of the Commission, the EEOC has taken numerous actions that undermine rather than advance equal opportunity for workers.

On September 22, 2025, Ranking Member Scott condemned the EEOC after it was reported that it would end investigations where an employee alleges solely disparate impact workplace discrimination charges.

On January 23, 2026, Ranking Member Scott expressed his concern that the EEOC had taken numerous actions at the direction of Chair Andrea Lucas that undermined the EEOC's mission to protect workers from discrimination. In his letter to Chair Lucas, Ranking Member Scott noted that the Commission has abandoned cases alleging disparate impact, singled out white men as a group that should reach out to the EEOC with discrimination claims, and rescinded guidance that served as an important resource for both workers and employers regarding prohibitions against discrimination, including harassment.

On June 29, 2026, Ranking Member Scott condemned the Supreme Court's decision to uphold President Trump's firing of Federal Trade Commission (FTC) Commissioner Rebecca Slaughter, a decision that also undermines the independence of the EEOC.

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